HomeMy WebLinkAboutResolutions - 1972.03.02 - 15832REPORT March 2, 1972
BY: PLANNING & BUILDING COMMITTEE - Charlie J. Harrison, Jr. , Chairman
IN RE: MISC. RES. #5916 - HUMANE SOCIETY AGREEMENT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
The Planning & Building Committee, by Charlie J. Harrison, Jr. ,
Chairman, reports Misc. Res. #5916 with the recommendation that the County
of Oakland sell 9.45 acres to the Humane Society for the purpose of constructing
an animal shelter at not less than the appraised price of $30,000.
Further, your Committee recommends that the location of the property
to be sold to the Humane Society be described as follows:
"Part of the NW 1/4 of the NW 1/4 of Sec. 3, T3N, R10E,
Pontiac Township, Oakland County, Michigan, described as
beginning at a point on the North line of Sec. 3, located S 89°
55' 20" E 518.17 ft. from the NW Corner of Sec. 3, T3N,
R10E; Th S 89° 55' 20" E 650.00 ft. along the North line
of Sec. 3; Th S 00° 04' 40" W 633.00 ft; Th N 89 ° 55' 20"
W 650.00 ft; Th N 00° 04' 40" E 633.00 ft. to point of
beginning. Containing 9.45 Acres."
PLANNING & BUILDING COMMITTEE
Moved by Harrison supported by Barakat the report be accepted.
Discussion followed.
A sufficient majority having voted therefor, the report was accepted.
Miscellaneous Resolution 5916 February 3, 1972
y are hereby ,b an
BY: HEALTH COMMITTEE - Dale C. Burley, Chairman
IN RE: AGREEMENT BY AND BETWEEN OAKLAND COUNTY AND
THE MICHIGAN HUMANE SOCIETY
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Ladies and Gentlemen:
WHEREAS your Committee has been engaged in negotiations with the Michigan
Humane Society on an agreement for the Society to construct and assume certain responsi-
bilities of a new County Animal Shelter; and
WHEREAS your Committee believes that it would be of mutual advantage to the
County and the Society for the Society to assume certain responsibilities under a contract
with the County for the building of an Animal Shelter in Oakland County and assist in the
enforcement of the animal laws and regulations of the State, and Ordinances of the County,
a function heretofore solely performed by the County;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
hereby approves the agreement by and between the County of Oakland and the Michigan
Humane Society, the form of which is attached hereto, and that the Chairman of the Board
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or his cissi4gr4s.ca°rs and the County Clerk or trrs-anftywzaftel-h4irk
authorized to execute said agreement on behalf of the County of Oakland.
The Health Committee, by Dale C. Burley, Chairman, moves the adoption of the
foregoing resolution.
HEALTH COMMITTEE
AC,REEMENT
This Agreement made and cate r ed into this day of
1972, by and between1OAKLAND COUNTY, A Michian
Cent-itutional corporation, whose Principal addrLss is 1200 North
Rood, Pontiac, Michigan, 480,53, hereinafter referred to, as
the _..ountv", and the MICHIGAN HUMANE SOCIETY, a Michigan non-proi'it
corration, whose Drincipal address Is 7401 Chrysler. Detroit, .:_oh-
i2;an, 49211,•nr-rPinafter referred to eLE the Society
WITNESSETH TN A T:
WHEREAS, it appears that it -would be of mutual advanta ,,,Te
to the County and the Society for the Society to assume =stain
responsibilities under a contract with ,t.1.1e County for the buildin
of an Animal Shelter in Oakland County and assist in the enforcement
of the animal laws and regulations of the State, and Ordinances of
the County, a function heretofore solely perforrned by the County.
NOW THEREFORE, in consideration of the mutual ccnvenants
hereinafter set forth, the parties hereby agree as follows:
1. DUTIES ASSUMED BY THE SOCIETY. The Society agrees chat
it will, durin:g the term of this agreement and any c:,:tensions thereof,
2erferm 7-nQ following duties;
A. To construct, equip and maintain on a site herein
dcci noned an Animal Shelter in accordance with the floor 7 ,1ans
dated . construction to he cc;n'mencci by July 1, 1972
after the signing.and execution of this Agreement by all of the ca r ries
hereco, and to be prosecuted to coplet:ton by Dec. 31,_ 1973 unless
prevented by strikes, shortac7;es of mate r ial, acts of war, naturl.
disasters or other causes beyond the r!oritrol of the Society.
Such completion date shall.e4nstitute the date of comenc,-
merit of the Society's operation of the Animal Shelter and the
first legitimate date for the Society to render an invoice to the
County for services as provided for in this agrceoont.
CB. Comply- with the animal regulation laws and ordinances
now in effect or hereinafter enacted, upon receipt of copies of said
regulation laws. These acts being, •specifieallv, P.A, 339, 1919,
as amended: P.A. 224, 1969; P.A. 287, 1969: and P.A. 146, 1919, as
amended.
CC, Provide "proper" food, water, shelter and humane care ..
for all animals impounded by the County and such annals that are
brouc,ht to the Society's Animal Shelter by residents of the County
Service Area until they are placed or othen?lse humanely disposed of
in accordance with the applicable laws and ordinances consistent with
the Provisions of this agreement.
*D. Upon the request of the County's Director of the Animal
Welfare Divis i on and/or the County's Director of Public Health, COOD-
crate with investigations of persons bitten by sr,-0..1 animals within
the limits of the County Service Area, and provide proper food, water,
shel t er and humane care for any small animal which is suspected of
infection with rabies, quarantined or isolated by the County's
Director of the Animal Welfare Division for such period of time as
may he recuiped by the County's Director of Public Health as provided
by D.A. 146, 1919, or by other applicable law, In such a bite case.
uPon the recuest by the County's Director of the Animal Welfare Div-
ision and/o- the County's Director of Public Health, the Society will
obtain a pathological report on such small animal and, as soon there-
after as report the findings to the County's Director of the
Animal We7fHre Divis,7 on and/or the County 's Director or Public Health,
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*E, Maintain office hours consistent with County 'policy at
t'ne SociEty's Animal Shelter for the convenience of the residents of
the County Se -,--Yice Area and for the pl)rpose of transacting busT ,ess
in connection with the duties under this agreement and for the purpose
of receiving animals, and consistent with the provisions of •
Secton IS, for accepting applications l for the redemption of im
pounded animals, The Society will make every reasonable effort
to notify owners of identifiable impoUnded animals, by telephone
or mail.
*F, Upon the completion of the required holding period,
animals become the property of the society and may be disposed of
according to law.
*G. Upon the request of the County's Director of the
Animal Welfare Division and consistent with the provisions of the
laws and regulations of the State of Michigan cooperate in the
investigation of reports of cruelty to animals or violations of laws
and regulat i ons relating to animal welfare and control,
H. Thar all dogs of required vaccination age released by
the Societe shall have been vaccinated against rabies or have proof
show ,: of vaccination against rabies within the legally required time
prior to being released. No dog shall be released to a resident of
the County Service Area until a dog license has been obtained.
T. Provide for the sale of dog licenses and kennel licenses,
s adn. tale', to bc conducted by a sworn Deputy County Treasurer of the
C--e:v's staff. All Dog license fees shall he paid over by the
to the County Treasurer within a time p eriod not to exceed
crc
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J. Provide for the collection of county . pick-ur, 'fees and
impounding fees by a sworn Deputy County Treasurer of the Socety's
S -taff. All pick-up fees and impounding fees shall be paid. ovel7 bv
the Society to the County Treasurer or an authorized Deputy County
Treasurer within a time period not to exceed one month.
K. The Society shall retain all vaccination and '
veterinarian fees and proceeds from sales of animals.
L. The Society shall keep prorer financial records, and
aocc ,Jrt to t h e County monthly for all fees collected in behalf of
the County. The Society will permit the County at all reasonable
t.iTries to insneot and audit the Societvis records maintained pur-
suant to this contract.
M. Accept and dispose of all small dead animals Ticked
UD in the County Service Area by a resident or a County A g ent and
turned over to the Society.
N. Indemnify and hold harmless the County from any
and all demands, claims, judgements or causes of action, and from
all expenses that may be incurred in investigating or defending.
against the same, arising from or growing out of any act, neglect
or omission of the Society, its agents or employees. in the per- _ -
formance of this contract. The Society shall at its own ex -Dense
carry surance in the amount of Two lindred Fifty Thousand T)ollars
(t20,000.00) for the benefit of and tc$ protect itself and the Coun
against, all such demands, claims, judgements or causes of action.
The Society shall at its own expense, Cause to be bonded all of its
agen t s or emoloyees, who in the exercise of their duties collect
and/or have custody of monies belonging to the County in au amount
set by the County Treasurer.
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0. In accordance with its By-Laws, the Society
not be resumed at any time to release any animals for medical research
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or for any other purpose which is not fr:nsistent with the Socitty's
aims and objectives,
P. The Society shall be frcc to enter into similar
contractual arrangements with other eoiyinities located outside the
County Service Area withou t obtaining approval from the County so
Ion g as such arrangements do not 77)-ir perfonce of this agree-
ment by the Society.
II. DUTIES ASSUMED BY THE COUNTY, The County agrees that
during the term of this agreement and any extensions thclreof, they
will perform the following duties:
A. Recommends that a member or members of the Society's
staff be appointed as a Depty County Treasurer for the purpose of
selling dog licenses and kennel licenses.
B. Supply to the Society all necessary dog license
certificates, dog license tags, receipt form etc., to enable the
Society to carry out its licensing duties under this contract.
C. Furnish the Society with an adequate supply of all
applicable laws and regulations dealing with dogs and other small
animals and Dromptly furnish the Societ iy with copies of all new
acts, amendments regulations, or other .applicable legislation.
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fee ,=hall be DP7able monthly by the County upon race )-1-- an invoice
III— TERM OF AnEEMENT AND CONSID ERATION.
A. It is mutually agreed that the term of this Agree-
ment shall be three (3) years, said three (3) year period commencing on
, and expiring. on . Upon the
completion of the term of this agreement, the provisions of the
agreement shall thereafter be subject to review and renewal by
written agreement of the parties hereto. Failure by either party
.to this agreement to comply with the rilterial provisions of this
agreement shall be deemed to be sufficent cause for termination
of the agreement. Such notice of ternination shall be given in
g six (6) months prior to the effective date of termination.
In the event of termination, any funds: previously advanced to the
Society shall be repayable in services, only. The contract may be
renewed by the written consent of the Parties for a like term.
B. The County agrees to:, pay the following fees to
the Society for its services under this agreement.
1. A per capita-annual use fee of Fifteen Cents
(15) based upon the human population of the County service area.
The population figures to be utilized 'shall be based on the 1970
census, population of 267, 312. The respective share of such fee
shall be appropriated and paid monthly. in advance by the County.
The annual fee for the county shall be $40,096.80.
2. An additional boarding fee of 90 cents ($0.90)
I:7:e:- day for each animal impounded by action of the County and housed
or accepted by the Society. Such fee Shall be limited to the reQu5
h 1ding ;period as set forth in P.A. 224, 1969, or as amended. Such
red
from the Society covering the previous month's operations.
S uch fee shall not be applicable in the case of cats or other
srnall animals except in the event of sheltering for suspicion of
rabies or bite case observation.
3. No fees shall be assessed against the County
for owned pets given directly to the Society by their owners. Such
animals not being subject to this contract.
4.
The.. rates of the fees specified in sub-
paragraphs one and two above may be adjusted from time to time in
the •future by written agreement executed by both parties hereto.
C. It is understood and agreed that the new shelter
(land and Building) shall be owned exclusively by the Society and
that the County shall have no proprietary interest whatsoever in
said shelter. It is also understood that the pawlents made by the
County to the Society pursuant to this Agreement are made solely
in consideration of the services to beE performed hereunder by the
Society.
IN WITNESS WHEREOF, the partes hereto have caused this
Avreement to be executed in triplicate, by their resDective duly
authorized officers on the day and year first above written.
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Definitions:
"County” refers to the County of Oaklatd, A Michigan Constitutional
Co7,-oration.
"County Sryics Area" shall embrace, for the our,pose of this ,g-eement,
shall include the following local governm ental u=nits: Addison
Township, Leonard Village, Avon Towns.hl_D, Brandon TownshiD,
Ortonville Village, Com=ce Townshipolvcrine Lake Village,
Farmington Township, Quakertown Vilia&, Wood Creek Farms Village,
GrovPlana Townshin, Highland Townshiliollv Township, Holly
-Independence Township, Clarkston VillaiT,e, Keego Harbor City,
Lyon Township, South 11,7on City, Milford Tc:.::nship, Milford Villap:e,
Novi Township, Novi Village, Oakland T('TtsT-:ip, Orion Township,
lake Cr on Village, Oxford. To7-7-Tsh'ip, 0fo Village, Pontiac TownshiD,
take Anze -ius Village, Rose Township, SOuthfield Townshp, Bingham Farms
Franklin, Springfield To w nship, Walled. Lake. City, West Bloomfield
TownshilD, Orchard. Lake Village, White take Township and Wixom City,
'Animal Shelter " means a facility ownea and operated by the Humane
Society to care for impounded animals.1
C"Imponded Animals means all dogs, cats wild life, rodents, and _
all other domestic Pets which are imponded (strays) by: (I) a g ents
of the County in carrying out it's rabies program (P. A. 146, 1919)
and animal control -orograms, and (2) action of residents of the
County Service Area
*Owned Animal!' means any pet fro7.1 any area released directly. to
The Michigan Humane Society by the cr(s) or any pErson(s) havin
proDer custody thereof (and therefore not within the sco r e of the
contract).
C'Bite case" means any stray or owned pet from the County Service
Area requiring quarantine or observation by order of the Oakland
County Director of Animal Welfa r e or his authorized representative.
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"Required holding period" shall be in acco r dance with the .T.)revisions
of P.A„ 224, 196q, and any subsequent Il_mennts thereto, and
P.A. 287, 1969.
"License fees" means those chargo .:, to the owner of a dog which are
provided for in P.A. 339, 1919, the rates of which are determined- _ _ by the Oakiand Coun.tv Board of Ccissoners.
*'?ic-k-uu fees and Impounding fees" mean those charges rendered to
an owner neon his application to reclam a dog which, by action of
the County, has been impounded.. Such fees shell be deter mi ned by the
Oakland County Board of Cu-,-iissioners.
"-Trimoundment" means confinement of stray dogs or bite cases at
the animal shelter as required by the Director of Animal Welfare
Ir:ITaounded F1-:imal" means s --J1 enimal confined at the animal
shelter by order of the Count -v Direc1or, of Anima] Welare,
"Donations" ifleE'ns monies given directly to the society as an
o u tright gift or in behalf of services rendered other than
impoundw.ent, or as a n adoption fee when an animal is placed in
a new home.
"Small animals" include all dc'u,, cats wildlife, rodents and all
other animals commonly kept as do*:stic pets.
"Euthanasia" means the painless destruction of animals_
"Rabies" is a specific infectious disease of certain anima2s
dc,J>,s, which may be unicoicd to man by direct
innculation, as by a bite of an infected animal, and due to a
virus,
#5916
The resolution was referred to the Finance Committee. There were
no objections.
pIt
Alexander C. Perinoff, Chairman
REPORT February 17, 1972
BY: FINANCE COMMITTEE - Alexander C. Perinoff, Chairman
IN RE: MISC. RES. #5916 - AGREEMENT BY AND BETWEEN OAKLAND COUNTY
AND THE MICHIGAN HUMANE SOCIETY
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairman, Lathes and Gentlemen:
The Finance Committee reports Misc. Res. #5916 and recommends
approval of the contract between the County of Oakland and the Michigan
Humane Society and further recommends that the Finance Committee provide
for the financing of the contract for the duration of the contract.
The Finance Committee, by Alexander C. Perinoff, Chairman, moves
the accepte:mce of the foregoing report.
FINANCE COMMITTEE
Moved by Burley supported by Gabler that Resolution #5916
be adopted.
Discussion followed.
Moved by Powell supported by Hamlin that the County land be
placed on a thirty year lease, on a $1.00 per year basis, as opposed
to outright sale.
Discussion followed.
Moved by Barakat the amendment be amended by adding a reversal
clause that if land is used for any other reason, other than that
stated in the Contract, it would revert to the County. (No support.)
Discussion followed.
Moved by Houghten supported by Richardson the resolution be
referred to the Planning and Building Committee.
Discussion followed.
Moved by Barakat the rules be suspended for immediate consideration
of the resolution. (No support.)
Moved by Perinoff supported by Dearborn the resolution and
amendment be referred to the Planning and Building Committee.
A sufficient majority having voted therefor, the motion carried.
#59l6
Moved by Burley supported by Harrison' that Resolution #5916 be adopte
Discussion followed.
Moved by Kronenberg supported by Szabo the resolution be referred back to
the Health Committee and the Committee present an alternate Contract that the
Humane-Society take care Of the excess capacity of the Animal Shelter.
Discutsion followed.
The Chairman ruled the motion out ofOrder.
Vote on Resolution #5916:
AYES: Mathews, Olson, Paholak, Patnales, Pernick, Powell, Barakat,
Burley, Coy, Dearborn, Doyon, Gabler, Harrison, Houghten, Kasper, Lennon,
Mainland,. (17)
NAYS: Richardson, Simson, Szabo, Wilcox, Aaron, Daly, Horton,
Kronenberg. (8)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I. Lynn D. Allen, Clerk of the County of Oakland and
having a seal, do hereby certify that I have compared the -annexed copy of
Resolution #5916 adopted by the Oakland County Board of-Commissioners
•••••••aeaoee•00••••••n Dbar000f 0v000•0"•vaesen•ee_wesconeesevesese•Reaeas
at their March 2, 1972 meeting
B•eeemeee 000000 ee••••••edee ............... ete•egrer *yea 00000000000000000000
with the original record thereof now remaining in my
office, and that it is a true and correct transcript.
therefrom, and of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and
affixed the seal of said County at Pontiac, Michigan
2nd March this .. ........ ..... .....day of..... .........
Lynn D. Allen Clerk
By Deputy Clerk